Understanding Your Rights under the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets strict regulations for third-party debt collectors and establishes significant rights for consumers. The State of South Carolina also has state-level protections in place, which are outlined by the South Carolina Consumer Protection Code and expand on the rights afforded. As a consumer, you’re protected by both federal and state legislation, and if you believe your rights have been breached, our experienced Columbia FDCPA attorneys at Reed Law Firm, P.A., welcome the opportunity to help.
Debt Is a Serious Concern in Columbia
There is a significant amount of data supporting the finding that residents of Columbia and of South Carolina generally are experiencing a significant rise in debt concerns. This leaves the state even more vulnerable to unfair debt collection practices, which only amplifies the underlying problem.
FDCPA
FDCPA is designed to protect consumers like you from harassment by debt collectors. When third-party debt collectors cross the legal line, they can be held accountable via consumer action, and the protections FDCPA offers are expansive.
Limitations on Time and Place
FDCPA sets exact parameters for when debt collection calls can be made. This is between 8 AM and 9 PM, local time. And if you let the debt collection agency know that you can’t take calls at work, debt collection calls during your work hours will also be off limits.
Zero Tolerance for Abuse or Threats
Debt collectors cannot stoop to practices that are identified as abusive or threatening. If a debt collection agent informs you that they will be taking any action that they’re not legally allowed to take, it’s a threat, and it’s against the law. Prime examples include threatening any of the following:
- To take your property, unless you used it as collateral for the debt to begin with
- To have you arrested, as having debt is not a criminal act
- To have your wages garnished
That last one deserves special attention. South Carolina law generally does not allow creditors to garnish wages to collect consumer debts, which means a collector who threatens garnishment over a credit card or medical bill is threatening something the law doesn’t permit, and that’s an FDCPA violation.
No Practices that Are Designed to Embarrass
While embarrassing consumers into making payments may be effective, debt collection agencies are not allowed to use this underhanded technique. This means they can’t contact your friends and family other than to obtain contact information for you. And this extends to leaving voicemails regarding your debt.
Consumers Have the Right to Sue
If a debt collector steps over the legal line, you have the right to sue for statutory damages, which are capped at $1,000. In addition, however, your case can address actual damages like out-of-pocket expenses and lost income. You can also seek compensation for the emotional duress you suffered as a result of the illegal debt-collection practices, along with your reasonable attorney’s fees, which the law requires the collector to pay if you prevail.
Our Experienced Columbia FDCPA Lawyers Can Help
Our trusted FDCPA attorneys at Reed Law Firm, P.A. serve Columbia and the State of South Carolina, and we dedicate our practice to advocating for the rights of all our valued clients. For more information about how we can help, please don’t delay contacting us online or giving our firm a call at 803-726-4888 today.
